83R21985 ADM-D

By: Carter H.B. No. 3706

Substitute the following for H.B. No. 3706:

By: Kacal C.S.H.B. No. 3706

A BILL TO BE ENTITLED

AN ACT

relating to certain requirements for certain sponsors and other participants in the summer food service program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 411.1146(a), Government Code, as added by Chapter 870 (S.B. 77), Acts of the 82nd Legislature, Regular Session, 2011, is amended to read as follows:

(a) The Department of Agriculture is entitled to obtain criminal history record information maintained by the Department of Public Safety that relates to a person who is a principal of a nongovernmental entity that is a participant in or applicant for participation in the Child and Adult Care Food Program or the summer food service program as provided by Section 33.0271(e), Human Resources Code.

SECTION 2. The heading to Section 33.0271, Human Resources Code, is amended to read as follows:

Sec. 33.0271. [CHILD AND ADULT CARE FOOD PROGRAM:] PROGRAM PARTICIPANT REQUIREMENTS: CERTAIN NUTRITIONAL ASSISTANCE PROGRAMS.

SECTION 3. Sections 33.0271(a), (c), (d), (g), and (h), Human Resources Code, are amended to read as follows:

(a) In this section:

(1) with respect to the Child and Adult Care Food Program:

(A) [,] "institution" has [and "principal" have] the meaning [meanings] assigned by 7 C.F.R. Section 226.2; and

(B) "principal" means any individual who holds a management position with, or is an officer of, an institution, other than a person whose only role for the institution is serving as a member, other than the chair, of the institution's board of directors; and

(2) with respect to the summer food service program:

(A) "principal" means any individual who holds a management position with, or is an officer of, a sponsor, other than a person whose only role for the sponsor is serving as a member, other than the chair, of the sponsor's board of directors; and

(B) "sponsor" has the meaning assigned by 7 C.F.R. Section 225.2.

(c) To the extent permitted under federal law, on application for or renewal of participation in the Child and Adult Care Food Program or summer food service program, a nongovernmental entity applying to participate or to renew participation in the Child and Adult Care Food Program [program] as a sponsoring organization or other institution, or in the summer food service program as a sponsor, must submit to the department the following with respect to each of the entity's principals for use in conducting a background and criminal history check:

(1) a copy of a government-issued form of identification of the principal, which may include a copy of:

(A) a driver's license issued by this state or another state;

(B) an identification card issued by this state, another state, or the federal government;

(C) a passport; or

(D) another form of identification approved by the department; and

(2) proof of the principal's residential mailing address, which may include:

(A) official mail sent to the principal's address from a utility provider, governmental agency, or financial institution;

(B) a residential lease executed by the principal; or

(C) any other form of proof approved by the department.

(d) If there is a change in a principal or the residential mailing address of a principal of a nongovernmental entity participating in the Child and Adult Care Food Program as a sponsoring organization or other institution, or in the summer food service program as a sponsor, the entity must submit to the department the same information required under Subsection (c) with respect to the principal for use in conducting a background and criminal history check.

(g) If a background and criminal history check authorized under Subsection (e) reveals that the principal of an entity that is an applicant for or participant in the Child and Adult Care Food Program or summer food service program has been convicted of fraud, violating an antitrust law, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, obstructing justice, or any other criminal offense that indicates a lack of business integrity as determined by the department, the department:

(1) shall deny the entity's application for participation in the program; or

(2) may, at the department's discretion, revoke the entity's authority to participate in the program.

(h) The executive commissioner by rule may establish procedures that would allow an entity that had the entity's application to participate in the Child and Adult Care Food Program or summer food service program denied or authority to participate in the program revoked under Subsection (g) to appeal the department's determination under that subsection.

SECTION 4. This Act takes effect September 1, 2014.